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can someone please confirm to me how far back i can claim for being overcharged by my landlord, on the annual insurance premium on my leasehold flat?

I have discovered that they have been overcharging me 4% of the premium since 1994. this equates to almost 5k

Thanks.

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6yrs but in court you could try for everything


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I think you need to tell us the circumstances of the overcharging. If this amounts to a misrepresentation then I would say that you probably have six years from the date that the misrepresentation could reasonably have been discovered.

 

You tell us incidentally that you may have been overcharged £5000 – but you may be able to add interest and certainly if you have to bring a court action you will be able to add on 8 percent per annum.

 

Of course it is a rising total so you will have to go through the business of calculating what you might gain if you bring a legal action.


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https://www.legislation.gov.uk/ukpga/1980/58/part/II/crossheading/fraud-concealment-and-mistake s.32.1.©

 

This probably applies although I haven't looked at it closely and I don't know the circumstances of your overcharging


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Since 1994 I have been charged 40% of the building insurance premium, last year when disputing something else i obtained my lease and noticed my contribution to the building insurance was in fact 36%. i have asked for reimbursement, they refused.

thanks

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Who is it who has refused? Can you describe the building that you are in. Who are the other contributors and have they also been overcharged or does the sum of all the contributions add up to 100% – in other words have they paid less then their proper proportion?


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the strange this is, it add up to 104% only i have been over paying its a block of six small flats above two shops.

there are other overcharging issues, but the other leaseholders dont want to know, as they are BTLs Its the freeholder / MAN co who are the same,

thanks

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While don't you tell us about the other overcharging issues as well please

 

It would be handy if you tell us the whole story and we don't have to drag it out from you bit by bit


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its a long long story,

 

the FH never maintained out building, gutters collapsed, communal windows rotted, external pipes leaked and were blocked, we had leaks, among many other issues the FH dragged out all correspondence.

 

The FH earns commission on the building insurance, on top of 4.5k pa man fee, and other admin fees he chooses to charge.

 

we were very lucky to have a grant issued by the lottery fund to revamp the front external part of the building this cost leaseholders 5% of the cost to paid to the council.

 

This put the external parts back in a good condition, the FH issued a 1k bill on top of the management fees for his non existence roll in this.

 

I have brought all the issues up with other leaseholders to no avail.

I fact i want to either claim the overcharged payments back and move.

 

THts if i can claim the whole amount, or i might stay for a couple of years and deduct the amount from future charges and the go.

 

hence my question

Edited by dx100uk
Spacing

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Okay thanks.

 

We'll stick to the insurance. It seems to me that you have paid the money under a mistake and therefore you are in a good position to say that you are not out of time to bring a claim. If you could show that the freeholder knew of the mistake then you would be in an even stronger position. However, an innocent mistake will be fine.


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Thanks for you input,

in your opinion, if i went to small claims, I could get paid out (if proven) dating back to 1994 ? and maybe interest.

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I suppose that they would argue that you could reasonably have discovered the mistake much earlier. They might argue that a prudent person would have checked the details of their lease right at the beginning. If the court accepted that then you would be out of time and the best you could recover would be the last six years.

 

The thing to do course is to argue it and hope that the judge sides with you. Is the freeholder a large commercial freeholder or an Also, has the error been corrected and are you now paying the correct level of insurance contribution?individual?


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Who said you HAD to accept, evey year, their building insurance??

When you are quite free to insure it yourself and not pay them at all??


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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A tenant is not required or allowed to take out building insurance...its the LL responsibility...hes the legal owner.


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rip of merchants..:lol:


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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